Police to hold man charged over Sh109m ivory for 14 days

Mr Ephantus Gitonga Mbare appears before a Mombasa court to face charges of handling 335 pieces of ivory worth Ksh.109,775,000 on December 23, 2016. He has been denied bond. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP.

What you need to know:

  • The accused, he said, shall be held at Port Police Station and will produced before the court on January 10, 2017.

  • According to the prosecution, the accused jointly with others not before court were found dealing in 335 pieces weighing 1,097 kilogrammes.
  • The contraband was found packed two containers ready for export to Cambodia without a licence from KWS. 

Police have been granted 14 days to hold a clearing and forwarding agent facing charges related to Sh109 million ivory haul seized at the Port of Mombasa.

Mr Ephantus Gitonga Mbare is accused of dealing in ivory without a licence from the Kenya Wildlife Service.

Mombasa Senior Principal Magistrate Francis Kyambia declined to grant police the 30 days they wanted to complete investigations into the case.

In his ruling on Wednesday, Kyambia said police had been holding Mr Mbare for six days and that investigators have covered sufficient ground.

335 PIECES

“Releasing the accused at this stage may not be to the best interest of investigators as he may likely interfere with the same (investigations),”said Mr Kyambia.

The accused, he said, shall be held at Port Police Station and will produced before the court on January 10, 2017.

According to the prosecution, the accused jointly with others not before court were found dealing in 335 pieces weighing 1,097 kilogrammes.

The contraband was found packed two containers ready for export to Cambodia without a licence from KWS. 

MORE SUSPECTS

Senior Assistant Director of Public Prosecutions Alexander Muteti had sought to have the accused denied bond, saying investigations were ongoing.

The offence, he said, is a trans-border crime whose investigations will involve authorities in Uganda, Cambodia and Thailand and that will take considerable time because of the nature of diplomatic engagement.

Mr Muteti said investigators were pursuing more suspects who are expected to be charged alongside the accused.

The accused is likely to interfere with the investigations or escape for fear of conviction, he added.

BOND OR BAIL

“We urge you to find that it is against the interest of justice to release him at this stage and reporting to police station is not a guarantee he will show up,” said Mr Muteti.

Through lawyer Grace Akumu, Mr Mbare had applied to be released on reasonable bond terms with an alternative of cash bail.

Ms Akumu said her client was innocent until proven guilty and the court should not limit his constitutional right to release him on bail.

Mr Mbare is accused of committing the offence between October 6 and December 21, between Malaba border and the Mombasa port.